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Opinions April 7, 2017

April 7, 2017

Indiana Court of Appeals
In the Matter of: Ce.B. and Co.B. (Minor Children) and C.K. (Custodian) v. The Indiana Department of Child Services
82A01-1610-JC-2442
Juvenile CHINS. Affirms the juvenile court’s determination that Co.B. and Ce.B. were children in need of services. Finds the juvenile court did hold a fact-finding hearing in the case at which the custodian of the children, C.K., chose to stipulate that the facts contained in the CHINS petitions and reports of preliminary inquiry were true. Also finds C.K. does not make any argument that his stipulation should be withdrawn for cause.

Phillip D. Ealy v. State of Indiana (mem. dec.)
49A05-1610-CR-2304
Criminal. Affirms the denial of Phillip D. Ealy’s request for six months of credit time for a substance abuse program he completed in prison in April 1996. Indiana Code 35-50-6-3.3(b) holds that educational credit time cannot be earned unless the person completes at least a portion of the program requirements after June 30, 1999.

Leroy Butler v. State of Indiana (mem. dec.)
73A01-1609-CR-2238
Criminal. Remands Leroy Butler’s probation condition so that it may be revised to prevent him from entering establishments where alcohol is sold by the drink for consumption on the premises or the business’ primary purpose is the sale of alcohol.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of D.A. Jr. (Minor Child) S.G. (Mother), and D.J.A. (Father) v. The Indiana Department of Child Services (mem. dec.)
33A05-1610-JT-2501
Juvenile termination of parental rights. Affirms the Henry Circuit Court’s order involuntarily terminating S.G. and D.J.A.’s parental relationship with their minor son, D.A. Jr. Finds the trial court’s termination of the parents’ rights was not clearly erroneous.

Robert E. Eastwood v. State of Indiana (mem. dec.)
07A01-1609-CR-2028
Criminal. Affirms the denial of Robert E. Eastwood’s motions to modify his sentence to 30 years pursuant to Indiana Code 35-38-1-17. Finds Eastwood is a “violent criminal” and he filed his motions more than 365 days after he was sentenced. Finally, finds Eastwood did not have the consent of the prosecuting attorney.

Damon Nelson v. State of Indiana (mem. dec.)
49A02-1609-PC-2171
Post-conviction. Affirms the denial of Damon Nelson’s successive petition for post-conviction relief, as he has waived appellate review.
 

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